Allowed

Misri Lal v. State of U.P.

Allahabad HC10 Dec 2018BAIL/44041/2018

Case brief

AI extract

What is this about?

Hon'ble Neeraj Tiwari, J. allowed bail to applicant Misri Lal in a criminal case under Sections 302, 506, 34 IPC, granting release on personal bond and two sureties with strict conditions regarding court appearance and witness conduct.

What did the court decide?

Applicant released on bail on personal bond and two local sureties subject to strict conditions regarding court attendance and conduct.

Misri Lal Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44041 of 2018

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Applicant :- Misri Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Kalamuddin,M. A. Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the F.I.R. was lodged at a belated stage, but there is no explanation of delay in lodging the F.I.R. There is general allegation against all the accused and similarly situated co-accused Chhotey Lal has been granted bail by another Bench of this Court vide order dated 24.5.2018 passed in Criminal Misc. Bail Application No. 6723 of 2018, therefore, on the ground of parity, the applicant is also entitled to be released on bail. It is also submitted that there is no criminal history of the applicant. He is languishing in jail since 6.12.2016 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Misri Lal , involved in Case Crime No. 428 of 2016, under Sections 302, 506, 34 I.P.C., Police Station Tharwai, District Allahabad, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.

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Order Date :- 10.12.2018 Rmk.

Misri Lal v. State of U.P.

Case brief

What is this about?

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Misri Lal v. State of U.P.

Case brief

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